Larned v. Renshaw
Supreme Court of Missouri
Appeal from the St. Louis Land Court. The proceeding in partition -was void. This was a proceeding under the act of 1885, R. C., similar to the provisions of the present law. The parties interested all joined; there was but one attorney for all; the three minors appear by their curator Beckwith. This was no suit, not even a proceeding in partition.
Read the full summary
Appeal from the St. Louis Land Court. The proceeding in partition -was void. This was a proceeding under the act of 1885, R. C., similar to the provisions of the present law. The parties interested all joined; there was but one attorney for all; the three minors appear by their curator Beckwith. This was no suit, not even a proceeding in partition. Our Supreme Court has decided, in case of Waugh v. Blumenthal, 28 Mo. 462, that the proceeding in partition is sui generis; not a suit, but a proceeding, and that it may be ex parte. . But we contend that it must be by parties competent to act in…
1Opinion of the CourtWagner, Judge
The only question presented by the record in this case is, whether the proceedings and judgment in the partition suit of Thomas P. Smith and his infant children were valid and binding. No other question was raised in the court below by the instructions of the appellants, and nothing else was passed on, and that alone will be reviewed here.
The proceedings in partition were had under the provis*460ions of the revised statute of 1835, which is in substance similar to the present law. The petition was signed by Smith in his own proper person, and the minors appeared by their curator, Beckwith. They…
2Cases cited4 opinions
- Bompart v. RodermanSupreme Court of Missouri · 1857
- Thornton v. ThorntonSupreme Court of Missouri · 1858
- Johnson v. NobleSupreme Court of Missouri · 1857
- Waugh v. BlumenthalSupreme Court of Missouri · 1859
3Cited by2 opinions
- Phelps v. DomvilleSupreme Court of Missouri · 1957
- Renard v. ButlerSupreme Court of Missouri · 1930